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PEOPLE v. LUNA

Docket No. 42577.

140 Cal.App.3d 788 (1983)

189 Cal. Rptr. 792

THE PEOPLE, Plaintiff and Appellant, v. MANUEL LUNA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

March 15, 1983.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Robert H. Philibosian, District Attorneys, Donald J. Kaplan and Arnold T. Guminski, Deputy District Attorneys, for Plaintiff and Appellant.

Nancy B. Sperber, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

GATES, J.

(1) The People appeal from a trial court's order dismissing a felony action based upon its interpretation of Penal Code section 871.5. They contend: "The superior court erred in holding that the People are precluded from refiling after the magistrate's dismissal of a felony complaint absent a showing of new or additional evidence, and in holding that the...

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